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Home My WebLink About09-2767 DELL & HOMSHER Matthew L. Homsher, Esquire Attorney I.D. No. 84743 600-A Eden Road Attorney for Plaintiff/Claimant Lancaster, PA 17601 (717)581-0620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BBGY, INC. d/b/a BOGER CONCRETE COMPANY, Plaintiff, V. No. 09 - x. 7&0 7 M? r-b HARRY S. CLAYPOOL, III, and JENNIFER E. CLAYPOOL Defendant. MECHANICS' LIEN CLAIM AND NOW comes Plaintiff, BBGY, Inc. d/b/a Boger Concrete Company, by and through its attorneys, Dell & Homsher, and hereby files this Mechanic's Lien Claim against Harry S. Claypool, III, and Jennifer E. Claypool, owners, and against the property hereinafter described for the payment of a debt due Claimant as a sub-subcontractor for the services furnished by Claimant in construction of the owner's property. In support of the claim, the Claimant makes the following statement: Claimant, BBGY, Inc. d/b/a Boger Concrete Company, is a Pennsylvania business with offices located at 201 Iron Valley Drive, Lebanon, PA 17042 and files this mechanic's lien claim as sub-subcontractor. 2. The owners of the property subject to the lien are Harry S. Claypool, III and Jennifer E. Claypool, 375 North Middlesex Road, Carlisle, PA 17013. 3. The date on which Claimant completed the work for which claim is made was November 5, 2008. 4. Claimant contracted with Cassel Concrete, subcontractor of Harry S. Claypool, III and gave formal notice of its intention to file this claim on April 2, 2009. 5. This claim is made for the following labor and materials: Delivered and poured ready mixed concrete $1,295.53 6. The amount claimed to be due is $1,295.53 plus interest. 7. The improvement and property claimed to be subject to the lien is 8 Hidden Meadow Drive, Silver Spring Township, located in Cumberland County Pennsylvania. Date: 1VO Respectfully submitted, DELL & HOMSHER Matthew L. Homsher, Esquire Attorney I.D. No. 84743 Attorneys for Plaintiff/Claimant 2 F OF THE 2009 MAY -4 A 9,.3 "F 19•do pd- oto -f Y" -7/ -2 - SO - d?ao) e -*- Grv?- aay5q? Sheriffs Office of Cumberland County R Thomas Kline 6uptp of cumbrr. Edward L Schorpp Sheriff 714 Solicitor Ronny R Anderson Jody S Smith I Chief Deputy c cg of SHE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 04:29 M - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2009 1629 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defend nt, to wit: Harry S. Claypool, III, by making known unto Jennifer E. Claypool, wife of defendant, at 357 N rth Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same t me handing to her personally the said true and correct copy of the same. 05/14/2009 04:29 M - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2009 a 1629 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defend nt, to wit: Jennifer E. Claypool, by making known unto Jennifer E. Claypool personally, at 357 North iddlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time ha ding to her personally the said true and correct copy of the same. SHERIFF COST: May 15, 2009 40 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 2009-2767 BBGY Inc v Claypool 0 N C_ p t i N "'r7 C-0 ) t tl DELL & HOMSHER Matthew L. Homsher, Esquire Attorney I.D. No. 84743 600-A Eden Road Attorney for Plaintiff/Claimant Lancaster, PA 17601 (717)581-0620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BBGY, INC. d/b/a BOGER CONCRETE COMPANY, Plaintiff, V. No. 09-2767 MLD HARRY S. CLAYPOOL, III, and JENNIFER E. CLAYPOOL Defendant. AFFIDAVIT OF SERVICE I, Matthew L. Homsher, do hereby affirm the following: 1. On May 7, 2009, I placed two (2) copies of the Notice of the filing of Mechanic's Lien Claim and Mechanic's Lien Claim in this matter into the United States Mail addressed to the Sheriff of Cumberland County; and 2. The aforementioned copies of the Notice of the filing Mechanic's Lien Claim and the Mechanic's Lien Claim was sent to the Cumberland County Pennsylvania Sheriff at the following address at: One Courthouse Square, Carlisle, PA 17013- 3387; and 3. On or about May 14, 2009, Dennis Fry, Deputy Sheriff served a true and correct copy of the Notice of the filing of Mechanic's Lien Claim and the Mechanic's Lien Claim upon Defendants Harry S. Claypool, III and Jennifer E. Claypool. Sheriff's Return of Service indicating service of the Notice of Mechanic's Lien Claim and Mechanic's Lien Claim is attached hereto as Exhibit "A"; 4. Service of the Notice of the Mechanic's Lien Claim and the Mechanic's Lien Claim was done in conformity to Rule 400(a) Pa R.C.P., and 49 P.S. § 1502. IN WITNESS WHEREOF, this Affidavit is executed and sworn to be true and accurate pursuant to the best of my knowledge, information and belief. Further, this Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Dated: -????i " Matthew L. Homsher Exhibit "A" Sheriffs Office of Cumberland County R Thomas Kline g%%A° 0% Q,awbrj4 nawara i, acnorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy aMcs OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 04:29 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 14, 2009 at 1629 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Harry S. Claypool, III, by making known unto Jennifer E. Claypool, wife of defendant, at 357 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 05/14/2009 04:29 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 14, 2009 at 1629 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Jennifer E. Claypool, by making known unto Jennifer E. Claypool personally, at 357 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWERS, May 15, 2009 R THOMAS KLINE, SHERIFF i? Deputy- eri 2009-2767 BBGY Inc v Harry Claypool 05-22-2009 RCVD DELL & HOMSHER Matthew L. Homsher, Esquire Attorney I.D. No. 84743 600-A Eden Road Lancaster, PA 17601 Attorney for Plaintiff/Claimant (717)581-0620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BBGY, INC. d/b/a BOGER CONCRETE COMPANY, Plaintiff, V. No. 09-2767 MLD HARRY S. CLAYPOOL, III, and JENNIFER E. CLAYPOOL Defendant. CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service Via First Class Mail to: Harry S. Claypool, III and Jennifer E. Claypool 375 North Middlesex Road Carlisle, PA 17013 DELL & HOMSHER Date: 02 d Heather K. O"Neill, Secretary OF 2 E 9 9 Jjsl -'3 Ali 10: rj